Election Rules for election of Vice Chairman

Fri, 2016-02-26


These Election Rules are framed as per provision of the Articles of Association and are approved in the Emergent Executive Committee meeting of the council held on 24/12/2015 at Mumbai and amended in 238th Executive Committee meeting of the council held on 26/02/2016 at Gurgaon.

1. Name: These rules shall be called “Election Rules for Vice Chairman” of Apparel Export Promotion Council” hereinafter called “Election Rules for ViceChairman”. These rules are framed as per Article 2 (c) and Article 49(c) of the Articlesof Association of the Council.

2.For the interpretation of election rules, following words and expressions shall have the meaning, unless repugnant, to the subject or context. “The Act” means the Companies Act, 2013 or any statutory modification or re‐enactment thereof for the time being in force and the term shall be deemed to refer to the applicable section thereof which is relatable to the relevant Article in which the said term appears in these Articles and Companies Act, 1956, so far as may be applicable. “AEPC” means Apparel Export Promotion Council hereinafter referred to as “Council” having its registered office at A‐223,Okhla Industrial Area, Phase‐I, New Delhi‐110020, Telefax No. 011‐40501798, Website www.aepcindia.com, E‐mail aepcokhla@aepcindia.com, or as may be notified time to time. “Chairman” means the Chairman of the Councilfor the time being.

“Vice‐Chairman” means Vice‐Chairman of the Council for the time being. “Committee” means the Executive Committee of the Council for the time being constituted as per the Articles of Association of the Council. “Member” means member of the Council for the time being whose name is in the register of members of the Council.

“Agency” for purpose of referred rules agency means entity approved by Ministry of Corporate Affairs subject to the condition that entity has obtained certificate from Standardization Testing and Quality Certification from Directorate, Department of Information Technology, Government of India including with regard to compliance with parameters of “secured system” and secured system means computer hardware, software, and procedure that – (a)Are reasonably secure from unauthorized access and misuse; (b)Provide a reasonable level of reliability of and correct operation; (c)Are reasonably suited to performing the intended functions; and (d)Adhere to generally accepted security procedures;

"Cyber Security" means protecting information, equipment, device, computer, computer resources, communication device and information stored therein from unauthorized access, use disclosures, disruption, modification or destruction.

''Cut‐Off Date'' means a date not earlier than seven days before the date of starting of remote e‐voting, for determining the eligibility to vote by remote electronic means.

''E‐Voting'' means the facility of casting votes by a member using a remote electronic voting system.

“Meeting” means an Executive Committee Meeting of the Council duly held in accordance with the provisions of Articles of Association of the Council.

“Articles of Association” means the existing Articles of Association of the Apparel Export Promotion Council herein referred to as “Articles”. “Year” means calendar year from1st January to 31st December “Month” means a calendar month.

“Office” means the Registered Officefor the time beingof the Council.

“Secretary” means the Secretary of the Council for the time being and includes any person acting as such appointed to perform the duties of the Secretary.

“Government” means the Central or State Government as the case may be.

“Term” pursuant to clause 2.55 of the Foreign Trade Policy 2015‐ 2020 (FTP) read with clause 2.92(b) of the Handbook of Procedures, as notified by Central Government from time to time, term of a Vice Chairman shall not be more than a period of 2 years.

“Election” means election of Vice‐Chairman as per the provisions of para 2.91 & 2.92 of the Hand Book of Procedure of FTP 2015‐2020 as notified by Central Government from time to time and as per provision of Articles of Associations of the Council.

“Voter” mean all member Exporters of the Council as on Cut –off date, eligible to vote.

“Scrutinizer” means a person of repute who in the opinion of the Executive Committee can scrutinize the voting by electronic means in a fair and transparent manner and is not in employment of the council.

3.(a) Applicability: These rules shall apply to the election of the Vice‐ Chairman ofthe Council. (b)Voter List: Only member exporters eligible to vote as on cut‐off date, decided by Executive Committee, shall be eligible to cast his/her vote.

4.Only elected Executive Committee members can contest for the election for Vice‐Chairman.

5.Once the full Executive Committee is in place, after the election of Executive Committee members, those elected members of the Executive Committee wish to offer themselves for the post of Vice‐Chairman may do so.

6.E‐voting for the post of Vice‐Chairman shall be done by all members of the council eligible to vote.

The tenure of Office of the Vice‐Chairman shall not be more than a period of 2 years. However, the elected Member who holds the post of Vice‐Chairman may come back as Vice Chairman in the council after a gap of not less than 4 years. Vice Chairman so elected shall become Chairman after the present Chairman Completes his term and will have tenure as prescribed in the Handbook of Procedures of Foreign Trade Policy, unless he decline to accept the post of Chairman or he is removed from the post of Vice‐ Chairman by a no‐confidence vote of not less than the two‐third of the executive committee members. The resolution regarding no‐ confidence will have to be put to vote on the same pattern of direct elections as followed during the time of elections to the post of Vice‐ Chairman. In the event of post of Vice‐Chairman falling vacant due to any of the Circumstances, the post shall be filled up as prescribed above.

7.Unless disqualified by any of the provision of these articles or the Act, all members Exporters of the Council shall be entitled to vote by electronic means for election of Vice‐Chairman.

8.After the date, time and place of Executive Committee Meeting is fixed by the Chairman, including agenda for election for Vice‐Chairman, the Secretary shall issue a notice, as per provisions of Articles of Association of the Council to the Executive Committee members, through email indicating that the matter regarding election of Vice‐Chairman is included in the agenda of Executive Committee meeting.

9.“The elected Executive Committee members may file offer for contesting election for the post of Vice Chairman of the Council, duly proposed by one elected Executive Committee member in Form‐I, with the secretary of the Council by sending communication (hard copy or through Email) to reach the Council’s office within 2 days of the Executive Committee Meeting, approving to call the offer for contesting election for the post of Vice Chairman”

10.All offer for contesting election for the post of Vice‐Chairman received within prescribed date and time shall be entered into a register maintained for the purpose inthe Officeof the Council.

11.A candidate can withdraw his/her name within 2 (two) days from the last date of receipt of offer for contesting election for the post of Vice‐Chairman. Such withdrawal should reach Secretary AEPC (hard copy or through email) within two days from the last date of receipt of offer for contesting election for the post of Vice‐Chairman.

12.The Executive Committee shall provide the facility of remote e‐voting to exercise vote by electronic means for election of Vice‐Chairman to all members and shall comply the following procedure:‐ i)The notice for election of Vice‐Chairman shall be sent to all members through electronic means, at registered email id. ii)The notice shall be placed on the Council’s website forthwith after it is sent to members.

13.The notice to the members shall clearly provide and indicate: i)The Council is providing the facility for voting by remote electronic means for election to the Vice‐Chairman of the Council. ii)Indicate the time schedule including the time period during which the votes may be casted by remote e‐voting. iii)Specify the process and manner for generating or receiving login ID & password and for casting of vote in a secure manner. iv)The facility for voting through electronic means shall remain open for not less than three days as decided by the Executive. Member Exporters entered in the register of members of the Council as on Cut‐off date shall only be eligible to cast their vote, in stipulated time fixed for remote‐e‐voting. v)Remote e‐voting shall not be allowed beyond the said date and time. At the end of remote e‐voting period, the facility shall forthwith be blocked. vi)Provided that once a vote on a resolution is cast by member, he shall not be allowed to change it subsequently or cast the vote again.

14.All offer papers for contesting election for the post of Vice‐Chairman received shall be scrutinized and lists of valid offer shall be prepared and notified to Executive Committee meeting. Thereafter, it will be notified to all Member Exporters through E‐Mail and placed in website of the Council i.e. www.aepcindia.com.

15.If the number of valid offer for contesting election for the post of Vice‐ Chairman received & eligible for election is equal to number of availableseat, the candidate who applied his/ her offer for contesting election for the post of Vice‐Chairman, shall stand elected, but the results shall be declared at the Executive Committee meeting. The result declared shall be put on the Council’s website within two days from the date of Executive Committee meeting.

16.(a) The Secretary (or any other person authorised by him) of the Council shall coordinate all activities as per direction of Chairman. (b)In these Rules, wherever any function is assigned to the Secretary, he may delegate the same or any of them to any other officer of the Council.

17.Election to the post of Vice Chairman as of now shall be done by remote e‐voting pursuant to clause 2.55 of the Foreign Trade Policy of 2015‐2020 (FTP) read with clause 2.92(a) of the Handbook of Procedures (Handbook). 17.1 The member while casting vote electronically is deemed to have read the declaration, terms and conditions available on the system and thereafter shall become eligible to cast vote and consequent upon confirmation of the declaration, terms and conditions, the electronic process will further be operative. 17.2 A member may also be asked to provide his/ her Membership number or any such additional details which bona‐fide, his / her right of exercisingthe vote. 17.3 A member shall be responsible for security/safety as provided in the instructions, to ensure that voting is done through electronics means only by Member and shall not hold the Council or agency involved in the voting by electronic means responsible for any misuse thereof. The facility for remote e‐ Voting shall remain open for not less than three days and shall close at 5:00 Pm on the third day of commencing of remote e‐voting. A member shall cast his/her vote by remote e‐ voting only and immediate thereafter the process to cast vote through electronic means be closed. 17.4 On completion of the process of voting by Electronic means, the Electronic Processing Agency shall hold the data captured in the system without declaration to the members. Such data, along with counting of votes, will be finalized and handed over to Scrutinizer for announcement of result by the Chairman, AEPC, at the Executive Committee Meeting.
17.5 Result of the votes cast in Remote‐E‐voting period shall be handed over by the scrutinizer within three days of close of remote e‐voting to the Chairman, AEPC to disclose at the Executive Committee meeting to be held after the close of remote e‐voting, period.

(a)In case of equality of votes for the election of vice Chairman, the Chairman of the meeting shall have a second or the casting vote.
(b)The votes shall be tabulated against the names of each candidate by the scrutinizer. The candidate getting highest number of votes shall be declared elected as Vice‐ Chairman by the Chairman, after getting report from Scrutinizer.
(c)All election records shall signed by the Scrutinizer and Chairman.
(d)Subject to receipt of requisite number of votes, the resolution shall be deemed to be passed on the date of the relevant Executive Committee Meeting on which result is declared.

(a)The counting of electronic votes will be held electronically as per system.
(b)Calculation ofthe votes shall bedone bythe scrutinizer.
(c)In case any objection to the counting of votes, the Chairman shall decideabout acceptance/ rejection of the objection.
(d)Afterthe result of allthe candidateshave been calculated, checked and signed by the Scrutinizer,he shall handover the result to the Chairman, who will sign and announce the total number of votes polled for each candidate, on day of executive committee meeting.
(e)In case there is no objection to the counting, the result based on the principle of person getting the largest number of votes shall bedeclared as elected by the Chairman.
(f)If at any stage, during the process of election, any candidature is found to be not eligible under these Rules, then the next candidate on the principle stated in above provisions of the rules shall be declared elected.

(a)The scrutinizer shall have access, after the closure of period of remote e‐voting the result of vote cast with details.
(b)The register and all other papers relating to voting by remote electronic means shall remain in the safe custody of the scrutinizers until the Chairman considers, approves and signs the minutes and thereafter, the scrutinizers shall hand over the register and other related papers to the council.
(c)The scrutinizer shall maintain a register either manually or electronically to record the assent or dissent, received, mentioning the particulars of name, address, membership number of the members.
(d)The result declared by the Chairman regarding election of Vice‐ Chairman shall be placed on the website of the Council within two days of declaration of the result at the Executive Committee meeting.
(e)A resolution for election of Vice‐Chairman proposed to be considered through voting by electronic means shall not be withdrawn.
(f) In case of any dispute about the interpretation of any of Rules of Election, the decision of the Chairman, AEPCshall be finaland binding.
(g)All legal matters shall be subject to jurisdiction of Delhi Courts only.